Has your company completed its mandatory 2020 NY Sexual Harassment Training?
Valerie K. Ferrier, Esq.
Head of Labor & Employment
Martin Clearwater & Bell LLP
Sexual Harassment Training Obligations in New York State
All employers, regardless of size, must train all employees.
According to the final guidance issued by New York State, an “employee” includes all workers, regardless of immigration status. “Employee” also includes exempt or non-exempt employees, part-time workers, seasonal workers, and temporary workers.
Minor employees, such as child actors, are required to take sexual harassment training. However, those employing children under the age of 14 may opt to simplify the training and policy, while still meeting the minimum requirements.
Only employees who work or will work in New York State need to be trained. However, if an individual works a portion of their time in New York State, even if they’re based in another state, they must be trained.
An agency or any other worker organization (e.g. labor union) may choose to provide training to workers; however, the employer may still be liable for the employee’s conduct and understanding of policies and should train the employee on any nuances and processes specific to the company or industry.